Read the latest Agricultural Law in the Spotlight article: “Waters of the United States,” an Overview of the New Rule (Feb. 8, 2023).
Agricultural Labor: Third Circuit Affirms Dismissal of Meatpacking Plant Workers’ Challenge to OSHA Finding of ‘No Imminent Danger’
On January 31, 2023, the U.S. Court of Appeals for the Third Circuit issued
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Legal Planning for Specialty Crop Producers at 2023 Pasa Conference
On February 11, 2023, staff attorney Brook Duer joined Pasa Sustainable Agriculture to present at their 2023 In-Person Conference in Lancaster, Pennsylvania.
As the finale of the Center for Agricultural and Shale Law’s series, Brook presented, “Legal Planning for Specialty Crop Producers.” Recordings of the online presentations for this series, “Legal Planning for Specialty Crop…
The “Integrity” Challenge in Carbon Offsets
A recent attention-grabbing report by the Guardian, Die Zeit and SourceMaterial claimed that “more than 90% of rainforest carbon offsets by biggest certifier are worthless”. This prompted a swift detailed rebuttal by Verra – the world’s largest certifier of offsets and the organization subject to the criticism – who argued that the Guardian’s reporting contained…
German Law a Model for Safeguarding Human Rights in Supply Chains
EU Proposes Ban on PFAS in Most Products
The European Union (“EU”) is preparing to adopt the world’s most sweeping ban on per- and poly-fluoroalkyl substances (“PFAS”), including with respect to the presence of the so-called “forever substances” in practically all consumer and commercial products.
On February 7, the EU Chemical Agency (“ECHA”) issued the plan – known as the “Universal Restriction…
European Commission Releases Communication on the Green Deal Industrial Plan
The Plan aims to “simplify, accelerate and align incentives to preserve the competitiveness and attractiveness of the EU as an investment location for the net-zero industry”[1].
By Paul A. Davies, Michael D. Green, and James Bee

On 1 February 2023, the European Commission (Commission) presented a proposal for a Green Deal…
Escalating concerns about pet custody in divorce/separation
As more and more couples are disputing pet custody issues when divorcing or separating, there is increasing concern in the legal community about how to fairly adjudicate these disputes, without unnecessarily burdening the already over-burdened court systems. The courts in New Jersey have so many judicial vacancies, that “the chief justice of the New…
Shale Law Weekly Review—Week of February 6, 2023
Public Health: DOI Publishes Draft Guidance for $500 Million Grant to States for Orphaned Well Cleanup
On January 30, 2023, the U.S. Department of the Interior (DOI) released draft guidance on the $500 million grant that is being provided to states under the Bipartisan Infrastructure Law for the purpose of orphaned well cleanup. This grant…
Changes in the Works for New Orleans Short-Term Rental Regulations

In response to a court ruling finding that New Orleans’ requirement that the holder of a residential short-term rental (“RSTR”) license hold a homestead exemption violated the Constitution’s Commerce Clause, the New Orleans City Planning Commission is making recommendations for changes to the RSTR regulations. In particular, on January 27, 2023, the City Planning Commission…
Does Environmental Review of Projects Needed for a Net-Zero Economy Lead to a Death By a Thousand Cuts?
Earlier this week, the decision in Bartell Ranch v. McCullough generally supported the Bureau of Land Management’s review under NEPA and related statutes of a lithium mine near Thacker Pass, Nevada. If approved, Thacker Pass would be the largest lithium mine in the United States. The decision and the entire review of the mine are…
